Grant of 10 Days Casual Leave to Industrial Employees: PCA(Fys) Order on 07-03-2019

GOVERNMENT OF INDIAMINISTRY OF DEFENCEOFFICE OF THE PRINCIPAL CONTROLLER OF ACCOUNTS (FYS)
10-A, S.K. BOSE ROAD, KOLKATA: 700001

PAY TECH SECTION

No. Pay/Tech-II/1058

Date: – 07/03/2019

To
All Controllers of Finance & Accounts (Fys.).

Subject: Grant of 10 Days CL to Industrial Employees- reg

A copy of MoD ID No. 01(02)/2018/D(Civ-II) dated 23.10.2018 regarding extension of the provision of 10 days Casual Leave in terms of Para 9 of the Appendix-III of the CCS(Leave) Rules,1972 to the Industrial employees circulated vide OFB No. 265/Per/Policy dated 30.10.2018 is forwarded herewith for your information and necessary action, please.

The Sr. General Manager(s)/General Manager(s)/Head of Unit(s)
All Ordnance Factories / Units

Sub: Grant of 10 days CL to those Civilian employees under Defence Establishments who are not entitled to 17 holidays per calendar year – regarding.

Ref: OFB circular of even number dated 02/08/2018.

In continuation of the circular cited under Ref above, a copy of MoD I.D. No.01(02)/2018/D(Civ-II) dated 23/10/2018 extending the provision of 10 days Casual Leave to Industrial Employees is forwarded herewith for information and compliance at all OFs/Units accordingly.

The matter has been further examined and it has been decided with the approval of competent authority to extend the provision of 10 days Casual Leave in terms of Para 9 of the Appendix-III of the CCS(Leave) Rules, 1972 to Industrial employees who are entitled to 16 holidays in a year.

In a section of media, there have been some reports about Maternity Leave Incentive Scheme. In this regard, the Ministry of Labour & Employment has clarified the following –

Background:

(i) The Maternity Benefit Act, 1961 applies to establishments employing 10 or more than 10 persons in Factories, Mines, Plantation, Shops & Establishments and other entities. The main purpose of this Act is to regulate the employment of women in certain establishments for certain period before and after child birth and to provide maternity benefit and certain other benefits. The Act was amended through the Maternity Benefit (Amendment) Act, 2017 which, inter alia, has increased the paid maternity leave to women employees from 12 weeks to 26 weeks.

ii. While the implementation of the provision is good in Public Sector, there are reports that it is not good in Private Sector and in contract jobs. There is also a wide perception that private entities are not encouraging women employees because if they are employed, they may have to provide maternity benefit to them, particularly 26 weeks of paid holiday. In addition, the Ministry of Labour & Employment is also getting complaints from various quarters that when the employers come to know that their women employee is in the family way or applies for maternity leave, the contracts are terminated on some flimsy grounds. There have been several representations before the Labour Ministry on how the extended maternity leave has become a deterrent for female employees who are asked to quit or retrenched on flimsy grounds before they go on maternity leave.

iii. Therefore, the Ministry of Labour & Employment is working on an incentive scheme wherein 7 weeks’ wages would be reimbursed to employers who employ women workers with wage ceiling upto Rs. 15000/- and provide the maternity benefit of 26 weeks paid leave, subject to certain conditions. It is estimated that approximately an amount of Rs. 400 crores would be the financial implication for Government of India, Ministry of Labour & Employment for implementing the proposed incentive scheme.

Major Impact: The proposed Scheme, if approved and implemented shall ensure the women in this country an equal access to employment and other approved benefits alongwith adequate safety and secure environment. Also, the women shall continue to bear the major share of household work as well as child care. The work places will be more and more responsive to the family needs of the working women.

Current Stage of the Proposal:

There are some media reports that this Scheme has been approved/notified. However, it is clarified that Ministry of Labour & Employment is in the process of obtaining necessary budgetary grant and approvals of Competent Authorities. The reports that it will be funded from Labour Welfare Cess, is also incorrect, as no such cess exists under this Ministry.

Grant of 10 days CL – Who are not entitled to 17 holidays – MoD Orders

Grant of 10 days Casual Leave to those Civilian employees under Defence Establishments who are not entitled to 17 holidays per calendar year

Government of India(Department of Defence)Ministry of DefenceD(Civ-ll)

Subject: Grant of 10 days Casual Leave to those Civilian employees under Defence Establishments who are not entitled to 17 holidays per calendar year

The undersigned is directed to say that this division has been receiving proposals from Line Dtes and Defence Federations to grant 10 days Casual Leave to the Defence Civilian employees in such Defence units wherever the entitlement is less than 17 days Gazetted holidays.

2. In this connection, para 9 of the Appendix-III of the CCS(Leave) Rules, 1972 is reiterated as under: –

“Entitlement (per calendar year) –8 days – For those entitled to 17 holidays10 days – For those not entitled to 17 holidays.”

3. All concerned are therefore requested to ensure that the entitlement of Casual Leave to the Civilian employees in the Defence Establishments under MoD who are covered under CCS(Leave) Rules, 1972, is adhered strictly as per Para 9 of the Appendix-III of these Rules.

The extant instructions provide that the Running Staff are entitled for payment of Leave Salary duly reckoning 30% of pay. It has, however, been represented by our affiliates as well staff that on many Zonal Railways 30% of 7th CPC pay is not being reckoned for the purpose of payment of Leave Salary to the Running Staff. When pointed out, the Zonal Railways stated that Board’s clarification is awaited.

In this connection, NFIR desires to state that Leave Salary is not part of Allowances, therefore, 30% of 7th CPC pay needs to be added to the Basic Pay for the purpose of payment of Leave Salary to the Running Staff. In view of confusion prevailing on certain Zonal Railways, the Railway Board may consider issuing suitable clarification for reckoning 30% of 7th CPC pay for the purpose of payment of Leave Salary.

NFIR, therefore, requests the Railway Board to issue clarification instructions as suggested above, duly endorsing copy thereof to the Federation, at the earliest.

In the Government orders first and second read above, orders were issued enhancing the maternity leave from 90 days to 180 days to married women Government servants, with less than two surviving children, which may be spread over from the pre-confinement rest to post-confinement recuperation, with full pay, at the option of the women Government Servant. Accordingly, in the Government Order third read above, Rule 101(a) of the Fundamental Rules was also amended.

2. The Government, after careful consideration, based on the announcement made in the Tamil Nadu Legislative Assembly by the Hon’ble Chief Minister on 01.09.2016, under rule 110 of the Legislative Assembly Rules order that the maternity leave admissible to married women Government Servants with less than two surviving children, which is 6 months (180 days) at present, be enhanced to 9 months (270 days), with full pay, which may be spread over from the pre-confinement rest to post-confinement recuperation, with full pay, at the option of the women Government Servant. The women Government Servants who proceeded on maternity leave, prior to the date of issue of this order and continue to be on that leave as of now, are also eligible for availing maternity leave upto 9 months (270 days), in total.

3. Necessary amendments to the Fundamental Rules will be issued separately.

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